M.G.Ubayadullah v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.G.Ubayadullah ...Appellant Vs.

1.The Chairman, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

2.The Financial Advisor and Chief Accounts Officer, (Disciplinary Authority) Administrative Office, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

...Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 27.08.2024 made in W.P.No.1094 of 2020. For Appellant : Mr.Thenmozhi R.

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The appellant has been non-suited on the ground of delay. Challenge was to the order of punishment of dismissal from service passed on 1/4

04.10.2008. The petitioner mounted the challenge only in the year 2019 i.e., after 11 years, after the order of dismissal from service.

2. From the facts narrated by the writ court, we find that the petitioner is a habitual offender. He was also absent from duty between 23.09.1990 to 26.08.1993, almost for three years. Though he was discharged from service on 25.02.1993, he was taken back, taking a lenient view. Even thereafter, the petitioner was absent for 279 days in the year 2004 and 164 days in the year 2005. The Writ Court has found that the petitioner has not given any justifiable reason to explain the laches on his part. Hence, we see no merit in the appeal. This Writ Appeal therefore, fails and it is accordingly, dismissed. No costs.

(R.S.M., J.) (G.A.M., J.) 06.02.2025 kkn Index: No Speaking order 2/4

To:

1.The Chairman, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

2.The Financial Advisor and Chief Accounts Officer, (Disciplinary Authority) Administrative Office, Chennai Port Trust, Rajaji Salai, Chennai - 600 001.

3/4

R.SUBRAMANIAN, J.

and G. ARUL MURUGAN, J.

KKN 06.02.2025 4/4